BOARD DATE:	  2 June 2015

		DOCKET NUMBER:  AR20140017338 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of the DA Form 632 (Enlisted Reserve Corps and Availability Questionnaire) to show the: 

* Army Good Conduct Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Presidential Unit Citation awarded by France

2.  The applicant states he marked "none" for awards on his DD Form 214 (Report of Separation from the Armed Forces of the United States) due to his own ignorance.  He did not know he would need such entries in the future.  He is not asking for anyone's proof; he is sending the proof.  He was assigned to Headquarters Platoon, Company C, 83rd Engineer Battalion (Construction) in Poitier, France. 

3.  The applicant provides his DA Form 632.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code (USC), section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the ABCMR to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's complete military records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows he enlisted in the Regular Army on 4 April 1951.  This form also shows at the time of his separation, he held military occupational specialty 1014 (Wheel Vehicle Mechanic) and his most significant duty assignment (i.e., his last duty assignment) was with Company C, 83rd Engineer Battalion. 

4.  His DD Form 214 further shows he completed 1 year, 11 months, and 21 days of creditable active military service, including 1 year, 4 months, and 23 days of foreign service.  He was honorably released from active duty on 24 March 1953 and he was transferred to the Enlisted Reserve Corps.  

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the entry "None." 

6.  The applicant provides a DA Form 632.  This form is a questionnaire that is completed by the individual Soldier and is used by personnel officials to determine his fitness for general service.  It appears he completed this form on 26 March 1953, after his release from active duty.  Item 30 (Combat Awards) of this form shows the entry:

* Good Conduct Medal by authority of Motor Sergeant
* Presidential Unit Citation, by authority of rating corporal
* Rifle Marksmanship Badge, no authority listed

7.  His available records do not contain orders awarding him the Army Good Conduct Medal.  Additionally, his DA Form 24 (Service Record) or DA Form 20 (Enlisted Qualification Record) which would have listed his conduct and efficiency ratings are not available for review with this case.   


8.  The Army Good Conduct Medal was governed by various regulations over the years:

	a.  Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

	b.  Army Regulation 600-68 (Good Conduct Medal), in effect at the time of his separation, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, after 7 December 1941, completed 1 year of continuous active Federal military service while the United States was at war.  The award would not be made to an enlisted man whose records, during the required period of service, disclosed a conviction by any court-martial, or to one whose character or efficiency was rated below "excellent."  

	c.  Army Regulation 600-65 (Service Medals), in effect during the Korean War era, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher, except that ratings of "unknown" for portions of the period under consideration, and service school efficiency (emphasis in the original) ratings of less than "excellent" entered prior to 3 March 1946, will not be disqualifying.  There must have been no convictions by court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

9.  His available records do not contain any orders awarding him any marksmanship badges.  Likewise, his record is void of a firing record, memorandum, disposition form, or any document confirming his qualification, the degree of qualification, and the type of weapon system. 


10.  Army Regulation 600-8-22 states:

	a.  The marksmanship qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman – in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified (e.g., Expert Marksmanship Qualification Badge with Rifle Bar, Marksman Marksmanship Qualification Badge with Automatic Rifle Bar, Sharpshooter Marksmanship Qualification Badge with Pistol Bar, etc.).

	b.  The French Fourragere may be awarded by the French Government when a unit has been cited twice for award of the French Croix de Guerre.  When a unit is cited twice for the Croix de Guerre, the colors of the fourragere are red and green.  When a unit is cited four times, the colors of the fourragere are yellow and green.  Award of the fourragere is not automatic and requires a decree by the French Government and persons who were only in one action are not authorized to wear the fourragere.  When a unit was cited only one time for award of the French Croix de Guerre there was no individual device, medal, or ribbon authorized for wear by members of the unit.

	c.  The National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995; and from 11 September 2001 to a date to be determined.

	d.  The Presidential Unit Citation is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the Army Good Conduct Medal, the applicant's available records do not contain orders awarding him the Army Good Conduct Medal.  Additionally, his DA Form 24 or DA Form 20 which would have listed his conduct and efficiency ratings is not available for review with this case.  There is insufficient evidence to confirm his eligibility or this award.  The entry on the DA Form 632 that was completed by him after separation from active duty and does not confirm his eligibility or entitlement to this award. 

2.  With respect to the Sharpshooter Marksmanship Qualification Badge, although he did not specify what weapon system (M-1, M-14, or Carbine), there is no evidence in his available records and he did not provide any evidence to show he qualified with any weapon systems or the degree of such qualification.  The entry on the DA Form 632 that was completed by him after separation from active duty does not confirm his eligibility or entitlement to this badge. 

3.  The French Fourragere may be awarded by the French Government when a unit has been cited twice for award of the French Croix de Guerre.  Nothing in the applicant's records confirms his unit was cited by the Government of France for the French Fourragere or the Presidential Unit Citation. 

4.  The DA Form 632 was used by Soldiers to request an assignment in the Enlisted Reserve Corps at the time the form was produced and it was used as an internal management tool to assist officials processing a Soldier's assignment/ reassignment.  The DA Form 362 is no longer active or accessible after a Soldier's discharge.  Additionally, the DA Form 632 is obsolete.  The ABCMR limits corrective action to documents that can be individually reviewed after a Soldier's separation.  Since the DA Form 632 is not normally accessible by individuals other than the Soldier, there is no basis for the Board to correct it.  

5.  The applicant is advised that his records contain a DD Form 214 which is a record of his active service at the time.  He served on active duty from 4 April 1951 to 24 March 1953.  Therefore, he served a qualifying period of service for award of the National Defense Service Medal and is entitled to correction of his DD Form 214 to show this award. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ___X_____  _X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 27 of his DD Form 214 the National Defense Service Medal. 

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to:

* Army Good Conduct Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Presidential Unit Citation awarded by France



      _______ _   _X______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20140017338



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ABCMR Record of Proceedings (cont)                                         AR20140017338



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